SEBI notifies new ADR Mechanism: Know 17 SEBI Regulations Amended

SEBI - SEBI notifies new ADR Mechanism - ADR Mechanism - SEBI Regulations - SEBI Regulations Amended -taxscan

The Securities and Exchange Board of India (SEBI) has notified the new Alternative Dispute Resolution Mechanism (ADR) for speedy justice. The notification was issued on 3rd July 2023. The regulations may be called the Securities and Exchange Board of India (Alternative Dispute Resolution Mechanism) (Amendment) Regulations, 2023.

ADR is a mechanism used to resolve disputes or conflicts outside of traditional court litigation. The ADR methods are considered alternatives to formal legal proceedings and typically involve negotiation, mediation, arbitration, or other processes that encourage parties to reach a mutually agreeable solution. These mechanisms are commonly used in various fields, including business, labour, family, and community disputes.

17 SEBI Regulations subjected to amendment due to the new ADR mechanism

  1. Securities and Exchange Board of India (Merchant Bankers) Regulations, 1992
  2. Securities and Exchange Board of India (Registrars to an Issue and Share Transfer Agents) Regulations, 1993
  3. Securities and Exchange Board of India (Debenture Trustees) Regulations, 1993
  4. Securities and Exchange Board of India (Mutual Funds) Regulations, 1996
  5. Securities and Exchange Board of India (Custodian) Regulations, 1996
  6. Securities and Exchange Board of India (Credit Rating Agencies) Regulations, 1999
  7. Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999
  8. Securities and Exchange Board of India {KYC (Know Your Client) Registration Agency} Regulations, 2011
  9. Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012
  10. Securities and Exchange Board of India (Investment Advisers) Regulations, 2013
  11. Securities and Exchange Board of India (Research Analysts) Regulations, 2014
  12. Securities and Exchange Board of India (Infrastructure Investment Trusts) Regulations, 2014
  13. Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014
  14. Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015
  15. Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2019
  16. Securities and Exchange Board of India (Portfolio Managers) Regulations, 2020
  17. Securities and Exchange Board of India (Vault Managers) Regulations, 2021

ADR methods Provided by SEBI

The dispute resolution methods chosen by the SEBI are meditation, conciliation or arbitration. The parties in dispute may select any one among the three.

Benefits of ADR Mechanism

The ADR mechanisms provide faster resolutions in comparison to traditional court proceedings, which can be lengthy and time-consuming due to complex legal procedures. They are typically more cost-effective, as they do not entail high court fees, attorney expenses, or prolonged trials. Moreover, methods like mediation and negotiation can be conducted privately, guaranteeing the confidentiality of sensitive information and safeguarding the privacy of the involved parties.

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